This order rejects a bail application under Section 439 Cr.P.C. in a case involving possession of a pistol, bullets, and fake currency under Section 489(C) IPC and Section 25(1-A) of the Arms Act, finding sufficient incriminating material.
The prayer for bail was rejected at this stage; the bail application was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010000302022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./25/2022
IDRISH ALI S/O LATE MONNASH ALI VILL- KOKILA UTTARPAR P.S. ABHAYAPURI DIST. BONGAIGAON, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. N UDDIN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
08-02-2022
The Court proceedings have been conducted through Video-Conference due to Covid-19 pandemic.
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This is an application made under Section 439 Cr.P.C. , seeking bail by the accused-petitioner, namely, Idrish Ali , in connection with Abhayapuri Police Station Case No. 1030 of 2021 , registered under Section 489(C) of the IPC, read with Section 25(1-A) of the Arms Act.
Heard Mr. N. Uddin, learned counsel representing the petitioner and Mr. B.B. Gogoi, learned Additional Public Prosecutor, representing the State.
The case diary produced has been perused.
It appears from the materials in the case diary that on search in the kitchen of the accused-petitioner, police recovered one hand made pistol with 2 numbers of bullets of AK 47 Rifle along with 14 fake Indian currency note of Rs.500/- denomination.
The offence under 489(C) of the IPC is bailable. However, so far the accusations under the Arms Act is concerned, there are sufficient incriminating materials in the case diary about the recovery of the arms and ammunition from the possession of the petitioner. That being so, this is not a fit case for grant of bail to the petitioner at this stage. Accordingly, the prayer for bail of the accused-petitioner is rejected at this stage. The bail application stands disposed of accordingly. Return the case diary.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether bail should be granted to the accused-petitioner under Section 439 Cr.P.C. in a case invoking Section 489(C) IPC and Section 25(1-A) of the Arms Act.
Whether the recovery of arms and ammunition constitutes sufficient incriminating material to deny bail at this stage.
Whether the prayer for bail should be allowed considering the bailable nature of the offence under IPC and non-bailable nature under the Arms Act.
3 provisions across 3 enactments
Idrish Ali
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
